More than five hours past when an employee took a break without asking and was discharged for arguing with managers about being legally entitled to a break because it was not timely provided.
There's no way to answer your question with such limited information. You need to consult with a local employment attorney who can provide you with a much more detailed analysis of your claims.
Most cases settle. However, more information needs to be known about the facts of your case to determine the strength of your wrongful termination claim.
Call a lawyer for a free consultation.
Best of luck.
You can be terminated for insubordination, even if you had the legal right to take a rest period. Your remedy was not insubordination, it was a claim for a penalty under the Labor Code. You need to share the specifics of your situation with an experienced attorney. Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
It's hard to answer your question without knowing details.
A full consultation would be necessary to properly advise you.
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